State Wholesale Supply, Inc. v. Allen

BROCK, Chief Judge.

The plaintiff relied upon the following evidence to show that the defendant incurred the obligation to pay a two percent service charge and attorney’s fees: (1) The sales receipt signed by defendant’s employee, the three-day invoice, and the monthly statement contained written notice of the two percent per month service charge, and all but the latter contained a provision for attorney’s fees; moreover, having received notice of these “credit terms,” the defendant continued to purchase goods from the plaintiff on open account; (2) the treasurer and principal stockholder of…